Considering Age of Consent and the Tipping Point of Sexual Abuse in Youth Custodial Settings
摘要
The age of consent for sexual contact (e.g., touching, oral sex, intercourse) varies by country and jurisdiction within the United States. It provides a demarcation point of legality versus abuse. The age of consent to sexual contact is important in many facets, though consent within the context of a custodial setting (i.e., group homes, juvenile detention, jail, prison) takes on an additional burden considering the power differential between youth and their custodians and the carceral setting itself. Limited freedom, power inequity, and potential for coercion stifle capacity for decision-making related to consent in these contexts. While some custodial placements reach beyond the age of consent and/or age of adulthood, the challenges associated with the custodial setting context may reduce or impede consent capacity for both minors and non-minors. The idea of consent, irrespective of age, within custodial contexts plays an important role in understanding and applying standards of care for youth in these settings. Reports of staff abusing youth and failing to prevent youth from abusing each other run counter to the support, protection, and trauma-informed approaches necessary to address reasons for their custodial placement. Sexual abuse can perpetuate inequality through increased trauma as youth try to navigate their custodial surroundings and beyond. This chapter is a critical review of the literature on sexual contact consent, with specific attention to age and custodial context in the United States. It provides an overview of various definitions of consent, jurisdictional application, and considerations of custodial context.